General Terms and Conditions of Sale

These are the General Terms and Conditions of Sale which govern the sale of all products by merchant users of the online marketplace, getcannab.com, operated by Canntech Partners B.V.

  1. Definitions
    1. In these general terms and conditions of sale, the following terms shall have the following meanings:

Account: has the meaning given to it in the Terms of Use.

Agreement: the contract of sale that arises between the Seller and the Purchaser when a Purchaser orders Products from a Seller via the Marketplace.

Canntech: the operator of the Marketplace, Canntech Partners B.V., a private limited company incorporated under the laws of the Netherlands, registered with the Dutch Chamber of Commerce under number 81356765.

Marketplace: the online marketplace getcannab.com operated by Canntech.

Party: means either one or both of the Purchaser or the Seller, as the context dictates.

Product(s): all products offered by the Seller via the Marketplace.

Purchaser: a party who purchases Products from the Seller via the Marketplace.

Seller: any merchant user of the Marketplace from whom a Purchaser orders Products via the Marketplace.

Terms of Sale: these general terms and conditions of sale.

Terms of Use: the Canntech Customer Terms and Conditions of Use (available at: https://getcannab.com/terms-of-service/) governing the Purchaser’s use of the Marketplace.

  1. Applicability
    1. These Terms of Sale apply to every offering for Products via the Marketplace and every Agreement concluded between the Seller and the Purchaser in relation to the sale and purchase of Products via the Marketplace.
    2. As the mere operator of the Marketplace, Canntech is not a party to the Agreements concluded between the Seller and the Purchaser. 
    3. In addition to these Terms of Sale, additional terms may apply to certain Products offered on the Marketplace. These only apply if they have been expressly agreed to between the Seller and the Purchaser. If there are any differences between these Terms of Sale and the additional terms, the provisions of the additional terms will prevail.
    4. If the Seller enters into any subsequent Agreements with the Purchaser, these Terms of Sale shall always apply to such agreements. The Purchaser cannot derive any future rights from any agreed deviations from these Terms of Sale.
    5. These Terms of Sale can be consulted and are available for download at any time via the Marketplace at [https://getcannab.com/terms-conditions/]. The Purchaser will confirm his/her acceptance of these Terms of Sale during the checkout process. A [link to/copy of] these Terms of Sale will be provided in the order confirmation email.
  2. Offers and Conclusion of Agreements
    1. In order to order Products and conclude an Agreement with a Seller, the Purchaser must have a registered Account.
    2. When he/she places an order via the Marketplace, the Purchaser makes the Seller a binding offer (aanbod) for the conclusion of a contract of sale which the Seller may, at its discretion, choose to accept (aanvaarden). 
    3. If the Seller wishes to accept the offer, the Seller will send the Purchaser an order confirmation email within 24 hours stating the Products ordered, quantity, price and order number. If the Seller does not accept the order with an order confirmation within 24 hours, it will be deemed to have rejected the offer. 
    4. If the Seller does not accept an order, it shall refund to the Purchaser any and all payments made in respect of that order within 14 business days.
    5. The Seller and the Purchaser expressly agree that by using electronic forms of communication via the Marketplace, a valid Agreement will be concluded. 
    6. The Marketplace contains a description of the Products offered. The description is sufficiently detailed to allow a proper assessment of the Products offered by the Seller. If the Seller uses images on the Marketplace, they are a true and faithful representation of the Products offered by the Seller. Potential mistakes or errors in the offer, or in the (visual) representation thereof shall not bind the Seller in any way. Quotations or the offer of Products via the Marketplace are only valid if the Seller has the relevant stock. Seller does not guarantee that the information on the website is always up to date with regard to the availability of stock. If the Product ordered by the Purchaser is temporarily out of stock, it will be indicated when the Product is expected to be available again, however, the Purchaser cannot derive any rights from the indication given by the Seller.
  3. Payment
    1. Payment shall be made via the Marketplace through Canntech’s third party payment system immediately upon the Purchaser’s confirmation of his/her order.
    2. Invoices will be sent to the Purchaser’s registered email address. 
    3. The payment will be due immediately on the Purchaser’s submission of an order. The order will not be confirmed and Products will not be delivered to the Purchaser before the purchase price is received in full.
    4. Legal or collection costs of any nature whatsoever incurred by the Seller as a result of the Purchaser’s failure to fulfil its (payment) obligations shall be borne by the Purchaser in full.
  4. Delivery and delivery time
    1. Deliveries shall be made to the Purchaser’s registered postage address, or otherwise to the address nominated by the Purchaser during the checkout process.
    2. The Purchaser shall bear the costs of delivery for orders of Products under € 30. Delivery costs for orders of Products exceeding € 30 will not be charged.
    3. Orders will be delivered by the Seller as soon as practicable after receipt of payment and the Seller’s confirmation of the order. Unless indicated otherwise, the Seller will in any case aim to deliver orders within [30] days after receipt of payment and confirmation of the order. If delivery is delayed, or if an order cannot be executed or only partially executed, the Purchaser will receive notification within 30 days of confirmation of the order. In that case, the Purchaser has the right to cancel the Agreement at no cost.
    4. Should the Seller be unable to make delivery of all Products in an order, the Seller shall be entitled to perform partial delivery of the order. In such cases, the Purchaser shall be entitled to a refund of the purchase price for the Products that could not be delivered.
    5. As soon as the Products have been delivered to the delivery address, the risk for damage to or loss of these Products will pass from the Seller to the Purchaser.
  5. Right of cancellation
    1. Subject to clause 6.2, the Purchaser has a right of cancellation in accordance with the provisions of this clause 6. 
    2. The right of cancellation under this clause 6 does not apply to:
      1. sealed Products which have been opened after delivery and are not suitable to be returned for reasons of health protection and hygiene; and/or
      2. Products which spoil quickly or have a limited best by date.
    3. The Purchaser may cancel an order for Products and rescind (ontbinden) the Agreement within 14 (fourteen) days of:
      1. receipt, by the Purchaser or a third party nominated by the Purchaser (not being the shipper); or
      2. receipt, by the Purchaser or a third party nominated by the Purchaser (not being the shipper) of the last part of the order if a single order is delivered in separate shipments.
    4. To exercise the right of cancellation, the Purchaser must send the Seller a clear written (electronic) notice cancelling the order following the instructions in the order confirmation email. The Purchaser need not state any reasons for the cancellation. The Purchaser can use the ‘contact seller’ tool provided on the Marketplace for the purpose of cancelling the Agreement.
    5. The Purchaser will return the Product with all delivered accessories, in its original condition and packaging, and in accordance with the reasonable and clear instructions provided by the Seller.
    6. As soon as possible, but within 14 (fourteen) days of the day following the notification referred to in clause 6.4, the Purchaser shall return the Product or hand it over to the Seller or an authorised representative of the Seller. This does not have to be done if the Seller has offered to collect the Product itself. The Purchaser has in any case met the return deadline if he or she returns the Product before the right of cancellation period has expired.
    7. The risk and the burden of proof for the correct and timely exercise of the right of cancellation lies with the Purchaser.
    8. The Purchaser shall bear the direct costs of returning the Product. 
    9. If the Purchaser makes use of his or her right of cancellation during the right of cancellation period, all additional agreements will be rescinded by operation of law.
  6. Seller’s obligations when a Consumer exercises the right of cancellation
    1. If a Purchaser exercises its right of cancellation under clause 6, the Seller will send an acknowledgement of receipt without delay upon receipt of this notification.
    2. The Seller will provide notification to the Purchaser once the returned Products have been received and/or inspected, after which, notice will be given to the Purchaser whether the refund has been approved or not. If approved, the Seller shall immediately reimburse the Purchaser.
    3. Unless the Seller offers to collect the Product itself, the Seller may wait until it has received and inspected the Product or until the Purchaser proves that he or she has returned the Product to reimburse the Purchaser, whichever is earlier.
    4. The Seller will use the same means of payment used by the Purchaser for reimbursement, unless the Purchaser agrees to another method. The refund is free of charge for the Purchaser.
    5. If the Purchaser has opted for a more expensive method of delivery than the standard delivery offered by the Seller at the conclusion of the Agreement, the Seller does not have to reimburse the additional costs for the more expensive method.
  7. Warranty
    1. Seller warrants that the Products comply with the Agreement, the Product specifications specified, the reasonable requirements of usability and the legal provisions and/or government regulations existing on the date of the conclusion of the Agreement.
    2. Only the warranties or manufacurer’s guarantee as determined by the manufacturer of the Product in question will apply by operation of law. In the event of defects, any shipping/delivery costs to the Seller will be borne by the Purchaser. The shipping/delivery costs to the Purchaser of the repaired Products or, if applicable, new item, shall be borne by the Purchaser.
    3. The warranties under this Agreement and, to the greatest extent possible under law, will be voided and all liability excluded if:
      1. changes have been made to the Product, including mixing Products with other substances;
      2. if the alleged harm is the result of improper or imprudent use, or use that is not consistent with the manufaturer’s or Seller’s instructions or warnings regarding the use of the Products;
      3. if damage has been caused by intent, gross negligence or wilful misconduct of the Purchaser.
  8. Suspension and termination
    1. The Seller is entitled to suspend the fulfilment of its obligations or to rescind the Agreement if the Purchaser does not fulfil its obligations under the Agreement, or does not fulfil them on time or in full, or where circumstances that come to the Seller’s knowledge after the conclusion of the Agreement give sufficient reason to believe that the Purchaser will not fulfil its payment obligations under clause 4 of these Terms of Sale, or will not fulfil them on time or in full. In the event that there is sufficient reason to believe that the Purchaser will only partially or improperly fulfil its payment obligations, suspension shall only be permitted insofar as the failure justifies it in the following circumstances – in the event of liquidation, (petition for) bankruptcy or admission of the Purchaser to statutory debt rescheduling, placement under guardianship, attachment or (provisional) suspension of payment of the Purchaser.
    2. The Seller will be entitled to rescind the Agreement (or have the Agreement rescinded) if circumstances arise of such a nature that fulfilment of the Agreement is impossible or can no longer be required in accordance with the standards of reasonableness and fairness, or if other circumstances arise which are of such a nature that the unaltered maintenance of the Agreement cannot reasonably be expected.
    3. The Seller always retains the right to claim damages from the Purchaser, notwithstanding rescission nof the Agreement.
  9. Liability and Indemnity
    1. Except in the case of intent or gross negligence on the part of the Seller or its subordinates, to be proven by the Purchaser, the Seller is not liable for any damage, in whatever form, either directly or indirectly, which could result from the use or unsuitability of the Product supplied by the Seller under the Agreement.
    2. If the Seller is liable for direct damage, that liability will be limited to a maximum of the amount of the invoiced price for the Products in question.
    3. If the Seller is able to invoke the provisions of this clause 10, its employees who may be held liable may also invoke them, as if they themselves were party to the Agreement.
    4. The Purchaser is obliged to indemnify and hold the Seller harmless for all costs, damages and interest for which the Seller may be held liable by third parties as a result of the execution of the Agreement by the Seller.
    5. The Seller will never be liable for indirect damage, including consequential damage, loss of turnover and profit, missed savings and damage due to business stagnation.
    6. If the Seller is held liable by a third party in respect of any damage for which it is not liable by virtue of the Agreement with the Purchaser or these general terms and conditions, the Purchaser will fully indemnify the Seller in this respect.
    7. The Purchaser must first examine whether the purchased item is suitable for the purpose for which it is to be used. If it subsequently transpires that the purchased item is not suitable for the purpose, the Purchaser cannot hold the Seller liable for any resulting damage.
    8. The limitations of liability for direct damage included in these general terms and conditions do not apply if the damage is due to intent or gross negligence on the part of the Seller or its subordinates.
    9. It is expressly acknowledged, agreed, and understood that any statements relating to CBD products, wellness or cannabis goods, accessories or any other Products available on the Marketplace have not been evaluated by the FDA or any European Health Regulators. Neither the Products nor the ingredients in any of the Products have been approved or endorsed by the FDA or any regulatory agency. The Products available on the Marketplace are not intended to diagnose, treat, cure, mitigate, or prevent any medical condition, illness, or disease in humans or animals. The information provided is designed for educational purposes only and is not intended to be a substitute for informed medical advice or care. If you are pregnant, nursing, taking medication, or have a medical condition, we suggest consulting with a physician before using any Products.
  10. Collection costs
    1. If the Purchaser is in default for the (timely) fulfilment of its obligations, all reasonable costs incurred to obtain extrajudicial settlement shall be borne by the Purchaser. The collection costs are calculated in accordance with the Dutch Debt Collection Costs Act (Wet Incassokosten), with a minimum of €  40.00.
    2. If the Seller has incurred higher costs, which were reasonably necessary, these will also qualify for compensation by the Purchaser. Any reasonable judicial and enforcement costs incurred shall also be borne by the Purchaser.
  11. Force Majeure
    1. The Parties are not obliged to fulfil any obligation if they are hindered in doing so as a result of a circumstance that is not attributable to gross negligence or intent by the party invoking it and is not for their account under the law, a legal act or generally accepted views.
    2. In the context of clause 12.1, Force majeure is understood to mean any circumstance independent of its will, as a result of which the fulfilment of a Parties’ obligations is wholly or partially prevented. Such circumstances include strikes, fire, business interruptions, energy failures, non-delivery or late delivery by suppliers or other third parties engaged and the absence of any governmental permit. Force majeure is also understood to mean failures in supply chain networks; (telecommunication) network, connection or communication systems; the unavailability of the Marketplace site at any time; as well as government intervention and that of foreign governments, in general.
    3. The Seller also has the right to invoke force majeure if the circumstance that prevents (further) fulfilment occurs after the Seller should have fulfilled its obligation.
    4. The Parties may suspend the obligations arising from the Agreement during the period that the force majeure continues. If this period lasts longer than one month, either party is entitled to rescind the Agreement, without any obligation to pay damages to the other party.
    5. To the extent that the Seller has already partially fulfilled its obligations towards the Purchaser or will be able to fulfil them at the time the force majeure occurs, and the part already fulfilled or still to be fulfilled is of independent value, the Seller is entitled to separately invoice the part already fulfilled or still to be fulfilled. The Purchaser is obliged to pay this invoice as if it were a separate agreement to the Agreement with the Seller.
  12. Miscellaneous 
    1. If one or more of the provisions of these Terms of Sale are void (nietig) or voidable (vernietigbaar), the other provisions of these Terms of Sale shall remain in full force and effect.
  13. Personal Data
    1. The Seller will only process the Purchaser’s data in accordance with its privacy policy, which can be found at [https://getcannab.com/privacy-policy/]
  14. Applicable law
    1. These Terms of Sale and all agreements entered into pursuant to them shall be governed by Dutch law. The applicability of the UN Convention on Contracts for the International Sale of Goods is excluded.
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